§8A-8-3. Municipal board of zoning appeals.
(a) A municipal board of zoning appeals in a Class I, II or
III city shall have five members to be appointed by the governing
body of the municipality. A municipal board of zoning appeals in
a Class IV town or village shall have not less than three nor more
than five members to be appointed by the governing body of the
municipality.

(b) The members of a municipal board of zoning appeals must
be:

(1) Residents of the municipality for at least three years
preceding his or her appointment;

(2) Cannot be a member of the municipal planning commission;
and

(3) Cannot hold any other elective or appointive office in the
municipal government.

(c) Upon the creation of a board of zoning appeals, the
members shall be appointed for the following terms: One for a term
of one year; two for a term of two years; and two for a term of
three years. The terms shall expire on the first day of January of
the first, second and third year, respectively, following their
appointment. Thereafter, members shall serve three-year terms. If
a vacancy occurs, the governing body of the municipality shall
appoint a member for the unexpired term.

(d) The governing body of the municipality may appoint up to
three additional members to serve as alternate members of the municipal board of zoning appeals. The alternate members must meet
the same eligibility requirements as set out in subsection (b) of
this section. The term for an alternate member is three years.
The governing body of the municipality may appoint alternate
members on a staggered term schedule.

(e) An alternate member shall serve on the board when one of
the regular members is unable to serve. The alternate member shall
serve until a final determination is made in the matter to which
the alternate member was initially called on to serve.

(f) The municipal board of zoning appeals shall establish
rules and procedures for designating an alternate member. An
alternate member shall have the same powers and duties of a regular
board member.

(g) The members and alternate members of a county board of
zoning appeals shall serve without compensation, but shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties.